Termos de uso

As of November 2015

CONDITIONS OF USEBy using this site you signify your consent to the Terms of Use. If you do not agree to these terms of use, please do not use this site.This site (the “Site”) is owned and operated by Wissper Ltd. for your personal entertainment, information, education and communication. Wissper Ltd. welcomes you to browse this Site, but wants you to know that your access to, and use of, the Site is subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions (referred to as “Agreement”).IF YOU ARE USING THE SITE WITHIN A COMPANY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE COMPANY AND YOU ACKNOWLEDGE THAT THE RIGHTS TO USE THE SITE WHICH ARE GRANTED TO YOU AND THE COMPANY UNDER THIS AGREEMENT ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH AUTHORIZED PERSONNEL OF THE COMPANY. Wissper Ltd. will have the right at any time to modify or add to these Terms and Conditions, effective immediately upon notice thereof, which may be given by any means, including but not limited to posting on the Site a revised version of these Terms and Conditions. If any such change is unacceptable to you, you may discontinue your use of the Site. You agree to periodically review the Terms and Conditions to be aware of such revisions. Your use of the Site may also be subject to additional rules or regulations we may have posted to this site, or different terms or conditions imposed by third party content providers in connection with third party content, products or services accessible through the Site.

RESTRICTIONS ON USE OF MATERIALSThe Site contains material which is protected, nationally and internationally, by copyright and trademark laws. No material (including without limitation the text, images, audio and/or video) from http://www.wissper.de, http://www.wissper.online, or any Web site owned, operated, licensed or controlled by Wissper Ltd. and/or by our affiliates and no software (including without limitation any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the “Materials”) may be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of only such Material which is expressly so designated, and in such event, only on any single computer for your personal, non-commercial home use only, provided you keep intact any and all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of our and/or one or more third party’s copyright, trademark and/or other proprietary rights. The use of any such Materials on any other Web site or networked computer environment is prohibited without our express written consent. If you download software from the Site, the software, including any files and/or images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but Wissper Ltd. retains full and complete title to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.

TRADEMARKS„Wissper“ is a registered trademark of Wissper Ltd. & m4e AG. Trademarks and logos appearing on the Site are commercial trademarks, registered or not registered, owned by Wissper Ltd. or by third parties and they can’t be used for any promotional purposes without the brand’s owner’s previous written agreement.Any unauthorized use of these trademarks or logos or patents, technologies, products, processes and/or other rights of ownership is totally prohibited and will represent a breach of copyright, trademark law or other property rights.

SUBMISSIONSWe are pleased to hear from our loyal fans and welcome your comments regarding our products, including our on-line services. Our long-standing company policy, however does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us and we will not accept, consider or review any original creative materials such as songs, stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.

If, despite our request that you not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, songs, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the “Information”), then by such action you have waived any and all proprietary rights which you may have in such materials. None of the Information shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe, shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, and we shall not owe any compensation to any third party.

JURISDICTIONAL ISSUESThe agreement of the Terms of Use and the relationship between you and Wissper Ltd. shall be governed by the laws of Germany without regard to its conflict of law provisions. For any dispute arising under this Agreement, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts in Germany. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. You agree that regardless of any statute or law in the contrary, any claim or cause of action arising out of or related to the Use of the Site or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.Unless otherwise specified, the materials in the Site are presented solely for the international promotion of the property “Wissper”. We control and operate this Site from our offices within Germany. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is further subject to German export controls.

TERMINATIONThis Agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all of our sites and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this Site and any and all of our other sites and all copies thereof, whether made under the terms of this agreement or otherwise.

DISCLAIMERYour use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing and using the Site. We do not warrant that the functions contained in the materials will be uninterrupted or error-free, and/or that defects will be corrected. We do not warrant or make any representations regarding the use or the results of the use of the materials in this Site in terms of their correctness, accuracy, reliability, or otherwise. You (and not us) assume the entire cost of all necessary servicing, repair or correction. Certain of the disclaimers/limitation herein may be superseded by applicable local law.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND/OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. You specifically acknowledge and agree that we and/or our affiliates are not liable for any defamatory, offensive or illegal conduct of any user. We also assume no responsibility, and shall not be liable for any damages to, or viruses or other harmful components that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site (including any Bulletin Board) or the server that makes it available, or your downloading of any Materials from the Site.We are distributor of content supplied by third parties. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties are those of the respective authors or distributors and not of us. Without limiting any of the foregoing limitation or disclaimers, neither we nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any content provided on or through the Site.We will have the right at any time to change or discontinue any aspect or feature of the Site, including without limitation content, hours of availability, and equipment required for access or use.We do not warrant or make any representations of any kind or nature with respect to the Materials. Therefore, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

THIRD PARTY SITESWe may provide links and pointers to Internet sites maintained by others (“Third Party Sites”). We have not reviewed all of the Third Party Sites which may be linked to the Site and are not responsible for the contents of or any products or services offered in such third-party Sites.

LIMITATION OF LIABILITYIN NO EVENT SHALL WE, OUR AFFILIATES, LICENSORS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SITE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, RELIANCE, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE OR THE MATERIALS CONTAINED WITHIN THE SITE, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY WHETHER OR NOT WE, OUR AFFILIATES, LICENSORS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SITE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE, OUR AFFILIATES, LICENSORS, SUPPLIERS AND ALL OTHER PARTIES INVOLVED WITH THE CREATION, PRODUCTION OR DELIVERY OF THE SITE FURTHER SHALL NOT BE RESPONSIBLE FOR DAMAGE RESULTING FROM UNAUTHORIZED ACCESS BY THIRD PARTIES TO OTHER PARTY’S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF NETWORK SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD UNLESS SUCH DAMAGE IS CAUSED BY AN INTENTIONAL ACT OF US, OUR AFFILIATES, LICENSORS, SUPPLIERS OR THIRD PARTIES INVOLVED WITH THE CREATION, PRODUCTION OR DELIVERY OF THE SITE. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages so the above limitation or exclusion may not apply to you. In no event shall our total liability to you if any for all damages, losses, and causes of action, whether in contract, tort (including without limitation negligence), or otherwise exceed the amount paid by you, if any, for accessing this Site.

IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF OUR SITE OR THE SERVICES TRANSMITTING OUR SITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. FOR PURPOSES OF THIS AGREEMENT, “TECHNICAL DISRUPTION” MEANS DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.

MISCELLANEOUSThis Agreement shall be governed by and construed in accordance with the laws of Germany, without giving effect to any principles of conflicts of law. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

Política de privacidade

As of November 2015

The Wissper Ltd. the operator of the Site, understand and appreciate the concerns that parents and families may have with regard to information gathered about Site users surfing our website, or on any other website. This website gathers different kinds of information from its visitors.

Elicitation, Processing and Use of Personal DataWissper Ltd. uses the personal information it collects for the purposes indicated at the time you or your teenager or child (with your consent) provides such information. For instance, if you register in a contest, we will use the registration information to notify contest winners. Occasionally, and only with consent at the time we ask for information, we might also e-mail or mail you or your teenager or your child to provide information on upcoming “Wissper” products, website updates and promotions. Occasionally visitors of this Site are invited to voluntarily answer polls or survey questions that may be used in conjunction with sponsors/business partners. Be assured that in these poll and survey situations, only general (not personal) information such as gender, age and postal code is collected. The information collected ensures that visitors remain anonymous.

Wissper Ltd. tracks the number of visits to this Site. For example, we count how many times people access the “Wissper” News page on the Site. All information gathered in this way is generic, and we do not track any individual users from this, but only calculate how many visits have taken place.

Cookie technology is used on this Site to maximize the Site experience. For example, we use cookies to keep track of a user’s time zone information which allows us to customize our schedule and give accurate show times. We also use cookies to keep track of a user’s progress through a game we may have on our Site. No personal information is gathered from these cookies.

With your consent, we may also share information with other m4e brands and m4e group companies so that they can let you and your family know about products that might be of interest. If you want to stop receiving such updates and product information at any time, just contact us at redaktion@m4e.de. Our mailings and e-mail will also include information allowing you to ask not to receive such information in the future.

Email IdentificationWhen a user sends an email message to Wissper Ltd. through the website, two pieces of information are automatically stamped on the message. These are the time that the message was sent, and the IP address it was sent from. This is a precautionary measure against any potentially threatening messages being sent to Wissper Ltd., its staff, or the public. This information is only used in those extreme cases where we feel someone’s safety may be at risk.

Share of Information with OthersIf you consent, Wissper Ltd. may provide your information to outside companies that offer products or services that may be of interest, and if your teenager 13 or older consents, we may likewise provide their information. Except as described in this policy, we never share personal information that we receive online from children under 13 with other companies outside Wissper Ltd. for their marketing purposes. We will remove your name from the list we provide to outside companies if you contact us at redaktion@m4e.de, and we will do the same for your teenager’s name if they request removal. In special circumstances, Wissper Ltd. may give other companies access to our information database, but only if necessary to allow them to provide database or server maintenance or security, manage transactions, help us process and fulfill orders or requests, or provide other similar services to Wissper Ltd. If we do provide access, we require those other companies to sign confidentiality agreements promising to keep secret any information they see. If Wissper Ltd. believes that anyone’s behavior on our sites may damage us or our sites or anyone else, we may disclose the relevant personal information in order to prevent this harm. In that case, we might try to identify the wrongdoer, contact them or bring legal action against them. We may also disclose personal information if we believe that the disclosure is required by law, or in response to a legal request.

CookiesA “cookie” is a small file that is saved on your computer’s hard drive which contains non-personal information. Our cookies help us improve your online experience, allow you to personalize your pages, enable us to customize our offerings, and help you to participate in some activities or events on our sites. For instance, we use cookies to keep track of your progress in certain games (if available). If you leave a site and then return, cookies may allow you to continue the game so that you do not have to start all over again. Cookies help us determine how many people visit our sites, which of our web pages they use, and how long they stay there. This information helps us evaluate which of our web features are successes and which need improvement. You can disable the use of cookies through your Internet browser. Check your browser’s Help menu to find out how. However, if you disable cookies you may not be able to take advantage of some features on this Site. Clear GIFs allow us to count the number of visitors viewing our pages, and in promotional emails they can tell us when the email has been opened.

Online Safety Notes for KidsThe web is a great place to hang out, to find out stuff, and to share comments and ideas with people who are into the same kind of stuff you are. But the net isn’t always a safe place – so we’ve put together some tips for you to read that will help you handle situations if they come up. First thing is to not give out personal information without asking your parents. Personal information includes:

Your name

Your address

Your phone number

Your mom or dad’s name

The name of your school

Your teacher or your friend’s names

Secondly, if you run into something on the internet that makes you uncomfortable – whether it’s on the web or it’s sent to you – tell your mom or dad, or an adult you can talk to, and get them to deal with it. Never agree to meet anyone you have “met” online.Never send your picture over the internet without checking with your parents or another adult. Don’t answer mean messages, or rude ones, or messages asking for personal information. If you do get a message like that – tell your parents right away, so they can help you deal with it. Make sure you obey the rules that your parents have set out for you. Make up a cool nickname for when you join a chat or a game online. Never tell anyone your real name or your password. Get your parents to read the safety for parent’s tips.

Online Safety Notes for ParentsThe web is a great place for kids to hang out and learn about topics that are of interest to them. However, there are areas on the internet that are not appropriate for children. The guidelines we have drawn up are a starting point for parents of children who surf. The most important thing is to be aware of what your children are doing online. This may mean surfing with your children, or talking to them about the Sites that they like or that they have recently discovered on the web. Make surfing a family activity, particularly with young children.Set ground rules, so each person knows what is expected of them. For example, you could go through the safety tips together so everyone understands the “what’s” and the “whys”.

Software SolutionsThere are software programs that allow parents to block certain websites from their kids. Some programs are more flexible than others, so you may want to shop around to find one that you’re comfortable with.

Data Protection Rules for the Use of Facebook-Plugins (Like-Button) (wenn benötigt)In our website plugins of the social network Facebook (Facebook Inc., 1601 Willow Road, Menlo Park, California, 94025, USA) are integrated. The Facebook plugins can be recognized by the Facebook logo or the “Like-Button” on our website. An overview of Facebook plugins can be found here:http://developers.facebook.com/docs/plugins/.When you visit our website, the plugin establishes a direct connection between your browser and the Facebook server. Thus Facebook gets the information that you entered our website with your IP-address. If you click on the Facebook “Like-Button” while you are logged in on your Facebook account, you are able to link the content from our website with your Facebook profile. This enables Facebook to allocate your visit on our website to your user account. Please be advised that we, as provider of the website, will not be informed by Facebook on the content of the transmitted data or its usage. Further information on this topic can be found in the Data Protection Rules of Facebook under https://www.facebook.com/fbprivacyIf you do not wish that Facebook can allocate your visit of our website to your Facebook account, please log off from your Facebook account.

Data Protection Rules for the Use of Google AnalyticsThis website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files which are stored on your computer and which make it possible to analyse your use of the website.This site also uses Google-APIs, a program interface provided by Google. Within the framework of this use, data may also be transferred to Google, in particular such as the IP address.The information created by the cookie relating to your use of this website will as a rule be transferred to and stored on a Google server in the USA. In the event of activation of IP anonymizing on this website, your IP-address will previously be abbreviated by Google within member states of the European Union or in other states signatory to the agreement concerning the European economic area. Only in exceptional cases will the full IP-address be transmitted to a Google server in the USA and abbreviated there. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on the website activities and to carry out other services in connection with the use of the website and Internet use on behalf of the website operator. The IP-address transmitted from your browser in the framework of Google Analytics will not be collated with any other Google data. You can prevent cookies being stored on your computer by an appropriate setting of your browser software; however, we must advise you that in this case you may not be able to make full use of the facilities of this website. You can also prevent the transmission of data captured by the cookie which concern your use of the site (including your IP-address) to Google and processing of this data by downloading and installing the browser plug-in available under the following link tools.google.com/dlpage/gaoptout .

Reservation of ChangesThe Wissper Ltd. reserves the right to change this Data Protection Rules in the course of any advancement or development of the website. If this change is accompanied by a significant change of the types of use of the stored information, we will try to inform you by email using the latest known information. If you have not granted us the right to get in touch with you, you will either be not informed nor will we use your personal information in a new way. In any case the change on the website will be presented adequately.